Monthly Archive: March 2006

In a decision that is not citable, the Trademark Trial and Appeal Board (“TTAB”) ruled that Big O Tires was contractually estopped from opposing a Bigfoot 4X4, Inc. application to register the mark BIGFOOT for monster truck videos. In reviewing the record, the TTAB noted that the two parties had been in litigation before, the …

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Permanent link to this article: http://cobaltlaw.com/big-o-puts-its-foot-in-opposition-and-comes-out-shoeless/

Most trademark attorneys are aware of the rule changes proposed by the Trademark Trial and Appeal Board (“TTAB”). Many practictioners are opposed to the rule changes, because they will increase substantially the burden and cost of an opposition. The TTAB proceedings, historically, have been a cost-effective way for parties to resolve trademark disputes. The new …

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Permanent link to this article: http://cobaltlaw.com/aba-inta-and-practitioners-respond-to-ttab-proposed-rule-changes/

The Trademark Trial and Appeal Board (“TTAB”) at the PTO affirmed the examining attorney’s refusal to register Red Bull’s mark BULLSHIT for alcoholic beverages, catering, hotels, and other goods, on the grounds that the term “bullshit” is scandalous. Under Section 2(a) of the Trademark Act, words that are offensive to a substantial composite to the …

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Permanent link to this article: http://cobaltlaw.com/ttab-calls-red-bull-appeal-bullshit/

The District Court of Nevada ruled in Blake Field v. Google that there is no copyright infringement when Google copies, using its “cache” program, third party content and allows internet users to view those cached, third party web pages. The court stated that it is the internet users who are downloading the stored content and …

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Permanent link to this article: http://cobaltlaw.com/how-is-writing-on-frosty-window-not-like-cache/

Durkee-Mower, Inc., whose website address says it all (marshmallowfluff), has filed suit against upscale culinary company Williams-Sonoma in federal district court in Massachusetts for trademark infringement. In the suit, Durkee-Mower claims that Williams-Sonoma sold a chocolate and marshmallow spreadable concoction under the name FLUFFERNUTTER, a registered trademark of Durkee-Mower. While Williams-Sonoma may have found itself …

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Permanent link to this article: http://cobaltlaw.com/claims-against-williams-sonoma-are-so-much-fluff/

The Hell’s Angels filed suit this month in federal district court against behemoth Walt Disney Company for trademark infringement. In the suit, the oldest surviving motorcycle club in America alleges that Buena Vista Pictures, a division of Disney, uses the club’s trademark “helmeted horned and feathered skull” in Buena Vista’s new film, Wild Hogs, without …

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Permanent link to this article: http://cobaltlaw.com/hells-angels-accuse-disney-of-hogging-its-trademark/

The U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) affirmed the examining attorney’s refusal to register Red Bull’s “WINGS” trademark on the grounds that the company’s use of the mark did not function as a trademark. In a decision that is not citable, the TTAB found that the examiner was correct in …

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Permanent link to this article: http://cobaltlaw.com/attempt-to-register-wings-doesnt-fly-with-ttab/

One of the oddities of American copyright law was what was referred to as the “Industrious Collection” [ aka the “Sweat of the Brow”] doctrine which granted a copyright in works resulting from the laborious assembly of otherwise unprotectable data. Examples were telephone directories, sports statistics, maps and other ‘facts’….assembled by folks in green eye …

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Permanent link to this article: http://cobaltlaw.com/sweat-of-the-brow-doctrine-still-dead/

The National Advertising Division (“NAD”) has requested that 1-800-patches.com discontinue many of its advertising claims on its Green Tea 300 product because the claims are misleading. In one instance, an ad states that Green Tea 300 is “30 Times more potent than regular green tea.” The ad goes on to ask clients to “Join Oprah” …

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Permanent link to this article: http://cobaltlaw.com/green-tea-claim-is-steeped-with-errors/

Filmmakers, songwriters, and publishers often face frustration and “brick walls” when seeking to find owners of copyrighted works in order to get permission to use them. In many cases, despite best efforts, creators and their heirs may be unlocatable. This puts filmmakers and others in the precarious position of deciding whether to use the work …

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Permanent link to this article: http://cobaltlaw.com/orphan-estranged-from-copyright-parents-forever/

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